Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1887-08-11
A NEW QUESTION MooTHD.


/ perhaps, an effort is to be made tC
declare inilegible to Office, al
initio, the adopted white citizen'
of our country. The authority to
which the question is to be referred
is the supreme court ofthis nation
The kind of decision is anticipat
cd in the political cast of the court
they all being of the National par
ty. The plea of ineligibili.y is tC
be based upon the criminal juris
diction OF the federal courts ovei
adopted white citizens-that the
exercise of such jurisdiction can
only be over citizens of the United
States. Ifsuch citizen, he cannot
be n citizen of the Cherokee ma
ton, and therefore ineligible to
office. 1t is held likewise, that
the issuance and service Of a writ
of hobeds corpus for criminal un-
der Cherokee law is only possible
in the case of non-citizens.
These are the premises to be
laid down, as understood, but that
it is upon a sandy foundation any
one acquainted with the several
causes why such jurisdiction is ex-
ercised by the United States, can
be easily determined. 1t has long
been decided that a citizen Of the
United States cannot ALLEVIATE him.
self within the exterior bounda-
ries of the United States, and as
the Cherokee nation is within the
United States. it follows that Mr..
Lindsey is subject to the courts OF
that government for any criminal
offense committed against citizen
Of the Cherokee nation, native or
adopted. Iftor this he is subject
to criminal prosecution before a
court Of the United States, he is
no more so than a citizen by the
right Of Cherokee blood who COM
mits a criminal offense against
him. If by reason Of such juris-
diction Mr.. Lindsey is not a citi-
zen, and ineligible to office, so is
that Cherokee by blood who is
subject to the same jurisdiction,
and is ineligible, likewise, TO Office.
If for jurisdiction Of a foreign
court Mr.. Lindsey is ineligible to
Office, the same condition applies
to native Cherokees of Canadian
district. Mr.. Drew, a judge
of the supreme court, is citizen
of that district, and if, because he
can be arraiGncd before the United
States court at Fort Smith for a
criminal oflense-if so preferred
by the aggrieved party, he is in
the same fix that Mr.. Lindsey is,
and cannot, therefore take part in
deciding whether or not, Mr..
Lindsey can hold Office in the
Cherokee nation or TO aid in max
its laws.
If this principle should prevail
our colosed citizens would be de-
MED the rights Of native Chero-
KEGS, and would be, as Mr.. Lind.
sey, ineligible to office, because
they too are subject to the juris-
diction Of the United States court
for criminal ofienses.
All citizens, whether native or
adopted, are exclusively subject
to the civil laws Of the country. |
In this fact equal property rights
and legal protection are establish |
ed, and therefore the rights to leg |
lslate for such protection or to aid |
IN the execution of the law TO en-
force peaceable possession, is a le-
climate sequence.
These separate and distinct
one withheld and
he other conceded, are in conflict
when the eligibility to hold Office
~ a white adopted citizen is
Questioned. If such are ineligible
le has no property rights in the
country, because he is no citizen,
md is an intruder, because he has
10 permit TO labor for some Chero-
zee By blood. Mr.. Lindsey is a
Whole citizen or none. If part
That part is he
Section five Of the amendments
0 our constitution, says "No per
ON shall be eligible TO a seat in
he national council but a male {
itizen Of the Cherokee nation, l
'ho shall have attained to the age |
( twenty-five years, etc. Fur 1
Ter on it says; Gan native born I